(A) The City Council recognizes that under the provisions of the First Amendment to the United States Constitution, and Art. I, § 3, of the Constitution of the state, a person has a right to distribute or vend newspaper and periodicals on the public sidewalks within the city. Further that, the city may restrict the time, place and manner of the exercise by a person of the right to do so, only for a reason which is directly related to the preservation of public health, safety and welfare. If such a restriction is imposed, it should be no more stringent than required to accomplish the purpose of protection of the public health, safety and welfare.
(B) The City Council finds that the unrestricted placement of unattended devices on the public sidewalks in the city to distribute or vend newspapers and periodicals has the potential to threaten the health, safety and welfare of the public; and, to interfere with the city’s responsibility to provide a safe place for pedestrians, protect public facilities already in place therein, and to provide the city and adjacent property owners the opportunity to properly maintain the sidewalks in good condition. Therefore, the regulations set forth in this subchapter are established to set standards governing the placement of unattended devices designed to vend or distribute newspapers and periodicals on the public rights-of-way of the city.
(1992 Code, § 623:00)